LAWS(GJH)-2009-9-140

STATE OF GUJARAT Vs. DINESHKUMAR KHUMCHAND SHAH

Decided On September 16, 2009
STATE OF GUJARAT Appellant
V/S
DINESHKUMAR KHUMCHAND SHAH Respondents

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of the Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 13. 3. 2009 passed by the learned Additional Sessions Judge, Sabarkantha in N. D. P. S. Case No. 3 of 2008 whereby the accused have been acquitted of the charges under Sections 8 (C), 20 (B)2 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) THE brief facts of the prosecution case are as under:

(3.) THEREFORE a complaint with respect to the aforesaid offence was filed against the respondent with Himmatnagar Town Police Station under Section 8 (C),20 (B) and 21 of the Act which was recorded as bearing C. R. NO. II-3192/2008. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, chargesheet was filed against them before the court of learned JMFC, Palanpur.